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Are payments made to an ex-spouse per a divorce judgment considered preferential?

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    Are payments made to an ex-spouse per a divorce judgment considered preferential?

    I was divorced in December, 2008 and per the divorce judgment was required to pay my ex approximately $18k from settlement proceeds received from a personal injury lawsuit, which I paid in February. I filed for CH7 on 2/26 and had my 341 today.

    What is the possibility of the trustee trying to recapture that money from him as a preferential payment?
    CH7 Filed 2/26/2009 (no asset)
    341 Meeting 4/7/2009
    Discharged 7/10/2009
    Closed 7/28/2009

    #2
    I don't think so, I believe payments made as a result of a domestic court order are excepted from the Preference Payment issue (however, the code uses "Domestic Support Obligation, section 547(c)(7). Moreover, depending on how the wording of the Divorce, the funds may be your spouses property, thus, its not really a debt.

    Obviously, you need to get an attorney's take on this.

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